“I hate to ask you this, but how many copycats were there?” Judge Tyler asked.

“I cannot answer that question. I can tell you that the co-defendant was charged with each fire he described as setting,” Agar said.

“I can tell you that there was a study of 87 fires in all. The co-defendant was only charged with those he described to the police as doing,” he continued.

Judge Tyler then asked about Smith’s videotaped confessions with police the morning he was arrested.

State Police drove Smith around Accomack County that morning, allowing him to point out which fires he remembered setting.

“Couldn’t remember them all and they had to ride him around?” Judge Tyler asked.

“They had to ride him around, so you wonder whether there were any copycats, how his memory served him, did he delete one or two – were some of the fires really accidental in nature. How do we really know that there are copycats trying to copy anybody?” Agar responded.

In court, Judge Tyler delayed ruling on a motion to separate Bundick’s remaining charges until he had a chance to review the transcript of Smith’s taped confession with police, as well as transcripts of Smith and Bundick’s testimony at her January trial.